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NAVY | BCNR | CY2002 | 03542-02
Original file (03542-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY 

BOARD  FOR  CORRECTION  OF  N A V A L R E C O R D S  

2  N A V Y A N N E X  

WASHINGTON  D C   20370-5100 

TJR 
Docket No: 9542-02 
8 August 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, United 
States Code, Section 1552. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 5 August 2003.  Your allegations of error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings of this 
Board.  Documentary material considered by the Board consisted of 
your application, together with all material submitted in support 
thereof, your naval record, and applicable statutes, regulations, 
and policies. 

After careful and conscientious consideration of the entire 
record, the Board found the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

You enlisted in the Marine Corps on 3 January 1972 at age 18.  On 
28 September 1972 you received nonjudicial punishment  (NJP) for 
possession of an unclean rifle and were awarded a $70 forfeiture 
of pay and restriction for 10 days. 

On 30 October 1973 you were convicted by special court-martial 
(SPCM) of three periods of unauthorized absence (UA) totalling 
175 days.  You were sentenced to confinement at hard labor for 
two months, $150 forfeiture of pay, and a reduction to paygrade 
E-1. 

During the period from 15 November 1973 to 12 September 1974 you 
were in a UA status for 301 days.  On 6 November 1974 you 
submitted a written request for an other than honorable discharge 
in order to avoid trial by court-martial for the foregoing period 
of UA.  Prior to submitting this request for discharge, you 
conferred with a qualified military lawyer, were advised of your 
rights, and warned of the probable adverse consequences of 
accepting such a discharge.  Subsequently, your request for 
cii.sc?~arge was granted and  on 22 November 1974 you received an 

other than honorable discharge in lieu of trial by court-martial. 
As a result of this action, you were spared the stigma of a 
court-martial conviction and the potential penalties of a 
punitive discharge and confinement at hard labor. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity and your contention that your discharge 
should be upgraded so that you may obtain veterans benefits. 
Nevertheless, the Board concluded these factors and contention 
were not sufficient to warrant recharacterization of your 
discharge because of your repetitive misconduct, especially, the 
lengthy period of UA which resulted in your request for 
discharge.  The Board believes that considerable clemency was 
extended to you when your request for discharge was approved 
since, by this action, you escaped the possibility of confinement 
at hard labor and a punitive discharge.  The Board also concluded 
that you received the benefit of your bargain with the Marine 
Corps when your request for discharge was granted and should not 
be permitted to change it now.  Accordingly, your application has 
been denied. 

The names and votes of the members of the panel will be furnished 
upon request. 

It is regretted that the circumstances of your case are such that 
favorable action cannot be taken.  You are entitled to have the 
Board reconsider its decision upon submission of new and material 
evidence or other matter not previously considered by the Board. 
In this regard, it is important to keep in mind that a 
presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval 
record, the burden is on the applicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, 

Executive 



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